Previous Green Card Decline affecting DV interview?

[zuroma999 12]

Hello all,

I have been selected for further processing in DV2015. Ten years ago I lived and worked in the US for 7 years under an employment-based visa. My green card at that time was declined, but my visa remained valid so I stayed till the end then returned home.

Will that previous green card decline have any bearing on me getting one this time around? If anyone is in a similar boat to me and already had their interview, can you let me know if they asked about your past decline?

I spoke to a lawyer about it and he said it shouldn't be a problem, but I am wondering if anyone has any direct experience.

thanks!

[SusieQQQ 11,585]

As far as I understand it depends on the reason for the decline. If the decline was due to a reason that would invalidate any green card application (for example serious criminal record or fraudulent application) then yes it will. If it was for a reason that is "overcome" by another route such as DV, then no.

I can't off the top of my head think of anything serious enough to deny you a green card that would have still allowed you stay legally though, so I'm assuming the reason fell into the second category. Can you tell us what the reason for refusal was?

[zuroma999 12]

Thanks for the reply.

I was there under an L1 Visa (Multinational manager). The company I was working for had about 12 people and I managed 5. By the time I was declined, during the economic downturn, there were only 3 people in the company and I managed 1. They stated the decline reason that I did not qualify as a multinational manager since I wasn't managing 'professional-level employees'. The guy I managed was a software engineer so I wanted to appeal the decline, but my lawyer at the time advised against it.

[SusieQQQ 11,585]

Sounds like you'll be fine then.